Selected quad for the lemma: cause_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	bishop_n	ecclesiastical_a	jurisdiction_n	1,714	5	9.0809	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A43077	A treatise concerning statutes, or acts of Parliament, and the exposition thereof written by Sir Christopher Hatton ...	Hatton, Christopher, Sir, 1540-1591.	1677 (1677)	Wing H1142; ESTC R14799	17,009	104

Statute of E. 3. ordaineth that no man upon pain of Imprisonment should give Almes to a valiant Beggar yet if one meet with such an one in so cold weather and so light apparel that if he have no cloaths given him he shall die before he shall come to any Town If a man give him Apparel he offendeth not the Law for there is an inward dispensation by the bond of Christian Charity and Compassion By the Statute De frangentibus prisonam It is Felony if a Prisoner break Prison yet if the Prison-house be on fire and the Prisoners break it they are excused by the Law of Reason And this is as evidently true as it is manifest that the Law punishing Blood-shed is not against the Barber or Surgeon that letteth Blood in exercise of his Faculty for the health of man and that the Statute Demalefactoribus in parcis Meaneth not to punish any but unlawful Hunters and not such as have leave to shoot at a Deer and shooting hit a Pale or Tree Furthermore to exceed the limits of Epicaia some Statutes are ampliative of the Common Law reforming matters needful in the Commonwealth and supplying a defect in the Common Law As the Statute that giveth Action against the Warden of the Fleet for suffering to go at large any Prisoner there being by judgment at the suit of any Party by Bail Mainprise or Baston without agreeing with the Parties and to recover the value of the debt at the Keepers hands This is extended to all Sheriffs and Gaolers or Keepers of Prisons Yet some think this Reformation to be drawn from the Statute of Westminster the 2d giving Auditors power to imprison Accomptants found in Arrearage but from whethersoever Statute the Reformation proceedeth common utility and necessity requiring that those that are justly condemned should be safely kept to satisfie the Law and that the negligence or lewdness of Gaolers or other Officers should not make the grave judgments of the Sages of the Law clusory and the hope of Suitors frustrate upholdeth this dilatation But in all Expositions by Equity there must be parity or minority of Reason and good judgment of evident utility publick and necessity for supplying defects in the Law and it would be utility or necessity proved otherwise than by circuit of argument or far borrowed circumstance that is to say plain and evident The Statute De donis conditionalibus hath but three kinds of intails specified and yet there are divers other founded upon the equity thereof though the Statute have not every mans good word but as the Doctor and Student rehearseth is calumniated of divers as brought in of self-love and singularity by those Lords and Gentlemen that were then in the Parliament-House for advancement of their Blood and perpetuation of their Honours and Names yet are all those extensions received lovingly and generally And seeing it not without some mans refragation so well born out and allowed I cannot think the contrary but that when more plain and evident utility publick and necessity for supplying defects in the Law shall be ready to warrant expositions by equity they will be allowed For if all Estates tailed were Fee-simple Conditional as they were before that Statute men would think the Law as good and perfect as now it is and as godly leaving liberty for the time to the Possessor to bestow his Land in Fee as God should move his heart which many times would be better than upon his own Blood degenerated from ancient Virtue Nevertheless these enlargements of this Statute De donis conditionalibus are quietly retained and lovingly embraced because they have the surer that is to say the abler sort to maintain them for commonly every man possessed of any good thing be it Land or whatsoever else is dear to man thinketh that Law to have good savour and relish that conveyeth and conducteth the same to his Posterity The Statute of circumspecte agatis nameth only the Bishop of Norwich and his Clergy and yet appertaineth to all the Bishops in England and is so taken of all men without exception which I suppose to be for the causes above recited that is because it maketh to publick good that is to concord between the Governours Spiritual and Temporal and to the quiet of the Subjects generally containing a distinction in very main points of the Jurisdiction Ecclesiastical from the Temporal Moreover some Statutes are expounded by Equities to reach to things of Vicine nature and condition and sometimes because the one cometh in lieu of the other and the things lie under the same necessity of Reformation that the cases expressed are under and therefore the Statute that saith that the Executor that first cometh by distress shall be taken is extended to Administrators The Statute of Westm. 2. cap. 3. saith Admittantur heredes vel illi ad quos spectat reversio and by equity of the same he in the remainder is received The Statute of 13 R. 2. giveth receipt for faint pleading and is extended to faint defending The Statute of Acton Burnell saith If Praysers prize Goods too high they should take them by the price this is construed to reach to extenders of Land The Statute of Westm. 2. that giveth Cui in vita is extended to Cui ante divortium The Statute of E. 3. That Executors shall have Action of Trespass De bonis asportatis in vita testatoris is extended to Administrators The Statute of Glouc. cap. 7. is that where Tenant in Dower alieneth he in reversion shall have Writ In casu proviso and by the equity thereof tenant by the courtesie tenant for term of life alien in reversion have Writs of Entry In casu consimili The Statute of Glouc. cap. 1. is that the Disseisee shall recover damage against every one that is found tenant after the Disseisin and by the equity thereof Writ of Intrusion is founded Sometimes Statutes are expounded by Equities because Law and Reason repugn to the open sense of the words and therefore they are reformed to consonance of Law and Reason The Statute of 25 E. 3. That by exception of non tenure of parcel no Writ shall abate reacheth not to things intire as a Mannor for non tenure of any parcel of a Manor abateth the whole Writ because a man by former Law may not demand any intire thing without foreprise of such parcel as is not in the Tenants possession and therefore the Statute is understood of things several as of Acres Perches and such like The Statute of Westm. 2. of Cessavit saith Fiant brevia de ingressu heredi petentis super heredem tenentis super eos quibus alienata fuerint hujusmodi tenementa And yet if the Demandant die the Heir shall not have the Cessavit whereby they should be recovered because the Arrearages come not to the Heir in right The Statute of Glouc. ordaineth That if Tenant by the courtesie alien and against the Heir garranty be pleaded